(1) For the purposes of these Rules, “party” includes all parties acting as claimant or as respondent.
(2) Each party may be represented or assisted by agents, counsel, advocates or other advisors, whose names and proof of authority to act shall be promptly notified by that party to the Secretary-General (“representative(s)”).
(1) A document to be filed in the proceeding shall be filed with the Secretary-General, who shall acknowledge its receipt.
(2) Documents shall be filed electronically. In special circumstances, the Commission may order that documents also be filed in a different format.
(1) Supporting documents shall be filed together with the written statement, request, observations or communication to which they relate.
(2) An extract of a document may be filed as a supporting document if the extract is not misleading. The Commission or a party may require a fuller extract or a complete version of the document.
Following the registration of the Request pursuant to Rule 7, the Secretary-General shall transmit a document filed in the proceeding to:
(a) the other party, unless the parties communicate directly with each other; and
(b) the Commission, unless the parties communicate directly with the Commission on request of the Commission or by agreement of the parties.
(1) The parties may agree to use one or two procedural languages in the proceeding. The parties shall consult with the Commission and the Secretary-General regarding the use of a language that is not an official language of the Centre. If the parties do not agree on the procedural language(s), each party may select one of the official languages of the Centre.
(2) In a proceeding with one procedural language:
(a) documents shall be filed and meetings shall be conducted in that procedural language;
(b) documents in another language shall be accompanied by a translation into that procedural language; and
(c) oral statements in another language shall be interpreted into that procedural language.
(3) In a proceeding with two procedural languages:
(a) documents may be filed and meetings may be conducted in either procedural language, unless the Commission orders that a document be filed in both procedural languages or that a meeting be conducted with interpretation into both procedural languages;
(b) documents in another language shall be accompanied by a translation into either procedural language, unless the Commission orders translation into both procedural languages;
(c) oral statements in another language shall be interpreted into either procedural language, unless the Commission orders interpretation into both procedural languages;
(d) the Commission and the Secretary-General may communicate in either procedural language; and
(e) all orders, decisions, recommendations and the Report shall be rendered in both procedural languages, unless the parties agree otherwise.
(4) Translation of only the relevant part of a supporting document is sufficient, unless the Commission orders a party to provide a fuller or a complete translation. If the translation is disputed, the Commission may order a party to provide a certified translation.
Time limits referred to in these Rules shall be calculated from the day after the date on which the procedural step starting the period is taken, based on the time at the seat of the Centre. A time limit shall be satisfied if a procedural step is taken on the relevant date, or on the subsequent business day if the date falls on a Saturday or Sunday.
Unless the parties agree otherwise:
(a) the fees and expenses of the Commission and the administrative charges and direct costs of the Centre shall be borne equally by the parties; and
(b) each party shall bear any other costs it incurs in connection with the proceeding.
All information relating to the conciliation, and all documents generated in or obtained during the conciliation, shall be confidential, unless:
(a) the parties agree otherwise;
(b) the information is to be published by the Centre pursuant to ICSID Additional Facility Administrative and Financial Regulation 3;
(c) the information or document is independently available; or
(d) disclosure is required by law.
Unless the parties to the dispute agree otherwise, a party shall not rely on any of the following in other proceedings:
(a) views expressed, statements, admissions, offers of settlement or positions taken by the other party in the conciliation; or
(b) the Report, order, decision or any recommendation made by the Commission in the conciliation.